TRAFFIC CODE
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(b) A person who desires rescission of the
ignition interlock device requirement or rein-
statement of driving privileges under this section
must file a verified petition in the court where the
charges against the petitioner are pending. The
petition must allege the following:
(1) The date of the petitioner's arrest under
IC 9-30-5.
(2) The date of the petitioner's initial hear-
ing on the charges filed against the peti-
tioner under IC 9-30-5.
(3) The date set for trial or other disposi-
tion of the matter.
(4) A statement averring the following:
(A) That the petitioner requested an
early trial of the matter at the peti-
tioner's initial hearing on the charges
filed against the petitioner under IC 9-
30-5.
(B) The trial or disposition date set by
the court is at least ninety (90) days
after the date of the petitioner's initial
hearing on the charges filed against
the petitioner under IC 9-30-5.
(C) The delay in the trial or disposition
is not due to the petitioner.
(c) Upon the filing of a petition under this
section, the court shall immediately examine the
record of the court to determine whether the alle-
gations in the petition are true.
(d) If the court finds the allegations of a peti-
tion filed under this section are true, the court
shall order rescission of the ignition interlock
device requirement or reinstatement of the peti-
tioner's driving privileges under section 11 of this
chapter. The reinstatement must not take effect
until ninety (90) days after the date of the peti-
tioner's initial hearing.
Chapter 7. Implied Consent in Accidents
Involving Serious Injury or Death.
9-30-7-0.5. Non-application to electric personal assistive
mobility device.
9-30-7-1.
“Portable breath test,” “fatal accident”
defined.
9-30-7-2.
Implied consent.
9-30-7-3.
Offering chemical test.
9-30-7-4.
BAC tests
9-30-7-5.
Penalty for refusal.
9-30-7-0.5. Non-application to electric per-
sonal assistive mobility device.
This chapter does not apply to the operator of
an electric personal assistive mobility device.
9-30-7-1. “Portable breath test,” “fatal
accident” defined.
(a) As used in this chapter, "portable breath
test" means a hand held apparatus that measures
the alcohol concentration in a breath sample deliv-
ered by a person into the mouthpiece of the appa-
ratus.
(b) As used in this chapter, "fatal accident"
means an accident, a collision, or other occur-
rence that involves at least one (1) vehicle and that
results in:
(1) death; or
(2) bodily injury that gives a law enforce-
ment officer reason to believe that the
death of at least one (1) person is imminent.
9-30-7-2. Implied consent.
A person who operates a vehicle impliedly
consents to submit to the portable breath test or
chemical test under this chapter as a condition of
operating a vehicle in Indiana. A person must
submit to each portable breath test or chemical test
offered by a law enforcement officer under this
chapter to comply with this chapter.
9-30-7-3. Offering chemical tests.
(a) A law enforcement officer shall offer a
portable breath test or chemical test to any person
who the officer has reason to believe operated a
vehicle that was involved in a fatal accident or an
accident involving serious bodily injury. If:
(1) the results of a portable breath test
indicate the presence of alcohol;
(2) the results of a portable breath test do
not indicate the presence of alcohol but the
law enforcement officer has probable cause
to believe the person is under the influence
of a controlled substance or another drug;
or
(3) the person refuses to submit to a
portable breath test;
the law enforcement officer shall offer a chemi-
cal test to the person.
(b) A law enforcement officer may offer a
person more than one (1) portable breath test or
